Notes on 15 U.S.C. § 2054 : US Code - Notes

Search Notes on 15 U.S.C. § 2054 : US Code - Notes

(Pub. L. 92-573, Sec. 5, Oct. 27, 1972, 86 Stat. 1211; Pub. L. 97-
35, title XII, Sec. 1209(a), (b), Aug. 13, 1981, 95 Stat. 720.)
AMENDMENTS
1981 - Subsec. (a)(3), (4). Pub. L. 97-35, Sec. 1209(a), added
pars. (3) and (4).
Subsec. (b)(3). Pub. L. 97-35, Sec. 1209(b), struck out provision
that the Commission may assist public and private organizations,
administratively and technically, in the development of safety
standards and test methods.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35, effective Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as a note under section 2052 of this
title.
STUDY OF AVERSIVE AGENTS
Pub. L. 101-608, title II, Sec. 204, Nov. 16, 1990, 104 Stat.
3124, provided that: "The Consumer Product Safety Commission shall
conduct a study of requiring manufacturers of consumer products to
include aversive agents, as appropriate, in products which present
a hazard if ingested to determine the potential effectiveness of
the aversive agents in deterring ingestion. In conducting the
study, the Commission shall consult with appropriate consumer,
health, and business organizations and appropriate government
agencies. The Commission shall report to Congress the status of the
study within one year of the date of the enactment of this Act
[Nov. 16, 1990] and shall complete the study not later than 2 years
after such date of enactment."
FIRE SAFE CIGARETTE ACT OF 1990
Pub. L. 101-352, Aug. 10, 1990, 104 Stat. 405, provided that:
"SECTION 1. SHORT TITLE; FINDINGS.
"(a) Short Title. - This Act may be cited as the 'Fire Safe
Cigarette Act of 1990'.
"(b) Findings. - The Congress finds that -
"(1) cigarette-ignited fires are the leading cause of fire
deaths in the United States,
"(2) in 1987, there were 1,492 deaths from cigarette-ignited
fires, 3,809 serious injuries, and $395,000,000 in property
damage caused by such fires,
"(3) the final report of the Technical Study Group on Cigarette
and Little Cigar Fire Safety under the Cigarette Safety Act of
1984 [set out below] determined that (A) it is technically
feasible and may be commercially feasible to develop a cigarette
that will have a significantly reduced propensity to ignite
furniture and mattresses, and (B) the overall impact on other
aspects of the United States society and economy may be minimal,
"(4) the final report of the Technical Study Group on Cigarette
and Little Cigar Fire Safety under the Cigarette Safety Act of
1984 further determined that the value of a cigarette with less
of a likelihood to ignite furniture and mattresses which would
prevent property damage and personal injury and loss of life is
economically incalculable,
"(5) it is appropriate for the Congress to require by law the
completion of the research described in the final report of the
Technical Study Group on Cigarette and Little Cigar Fire Safety
and an assessment of the practicability of developing a
performance standard to reduce cigarette ignition propensity, and
"(6) it is appropriate for the Consumer Product Safety
Commission to utilize its expertise to complete the
recommendations for further work and report to Congress in a
timely fashion.
"SEC. 2. COMPLETION OF FIRE SAFETY RESEARCH.
"(a) Center for Fire Research. - At the request of the Consumer
Product Safety Commission, the National Institute for Standards and
Technology's Center for Fire Research shall -
"(1) develop a standard test method to determine cigarette
ignition propensity,
"(2) compile performance data for cigarettes using the standard
test method developed under paragraph (1), and
"(3) conduct laboratory studies on and computer modeling of
ignition physics to develop valid, user-friendly predictive
capability.
The Commission shall make such request not later than the
expiration of 30 days after the date of the enactment of this Act
[Aug. 10, 1990].
"(b) Commission. - The Consumer Product Safety Commission shall -

"(1) design and implement a study to collect baseline and
followup data about the characteristics of cigarettes, products
ignited, and smokers involved in fires, and
"(2) develop information on societal costs of cigarette-ignited
fires.
"(c) Health and Human Services. - The Consumer Product Safety
Commission, in consultation with the Secretary of Health and Human
Services, shall develop information on changes in the toxicity of
smoke and resultant health effects from cigarette prototypes. The
Commission shall not obligate more than $50,000 to develop such
information.
"SEC. 3. ADVISORY GROUP.
"(a) Establishment. - There is established the Technical Advisory
Group to advise and work with the Consumer Product Safety
Commission and National Institute for Standards and Technology's
Center for Fire Research on the implementation of this Act. The
Technical Advisory Group may hold hearings to develop information
to carry out its functions. The Technical Advisory Group shall
terminate 1 month after the submission of the final report of the
Chairman of the Consumer Product Safety Commission under section 4.
"(b) Members. - The Technical Advisory Group shall consist of the
same individuals appointed to the Technical Study Group on
Cigarette and Little Cigar Fire Safety under section 3(a) of the
Cigarette Safety Act of 1984 [set out below]. If such an individual
is unavailable to serve on the Technical Advisory Group, the entity
which such individual represented on such Technical Study Group
shall submit to the Chairman of the Consumer Product Safety
Commission the name of another individual to be appointed by the
Chairman to represent such group on the Technical Advisory Group.
"SEC. 4. REPORTS.
"The Chairman of the Consumer Product Safety Commission, in
consultation with the Technical Advisory Group, shall submit to
Congress three reports on the activities undertaken under section 2
as follows: The first such report shall be made not later than 13
months after the date of the enactment of this Act [Aug. 10, 1990],
the second such report shall be made not later than 25 months after
such date, and the final such report shall be made not later than
36 months after such date.
"SEC. 5. CONFIDENTIALITY.
"(a) In General. - Any information provided to the National
Institute for Standards and Technology's Center for Fire Research,
to the Consumer Product Safety Commission, or to the Technical
Advisory Group under section 2 which is designated as trade secret
or confidential information shall be treated as trade secret or
confidential information subject to section 552(b)(4) of title 5,
United States Code, and section 1905 of title 18, United States
Code, and shall not be revealed, except as provided under
subsection (b). No member or employee of the Center for Fire
Research, the Consumer Product Safety Commission, or the Technical
Advisory Group and no person assigned to or consulting with the
Center for Fire Research, the Consumer Product Safety Commission,
or the Technical Advisory Group, shall disclose any such
information to any person who is not a member or employee of,
assigned to, or consulting with, the Center for Fire Research,
Consumer Product Safety Commission, or the Technical Advisory Group
unless the person submitting such information specifically and in
writing authorizes such disclosure.
"(b) Construction. - Subsection (a) does not authorize the
withholding of any information from any duly authorized
subcommittee or committee of the Congress, except that if a
subcommittee or committee of the Congress requests the Consumer
Product Safety Commission, the National Institute for Standards and
Technology's Center for Fire Research, or the Technical Advisory
Group to provide such information, the Commission, the Center for
Fire Research, or Technical Advisory Group shall notify the person
who provided the information of such a request in writing."
ADDITIONAL REPORTING TIME
Pub. L. 99-500, Sec. 110, Oct. 18, 1986, 100 Stat. 1783-348, and
Pub. L. 99-591, Sec. 110, Oct. 30, 1986, 100 Stat. 3341-348,
provided that: "The Interagency Committee on Cigarette and Little
Cigar Fire Safety, established pursuant to Public Law 98-567 [set
out as a note below], shall have an additional six months to
complete its final technical report and submit policy
recommendations to the Congress."
CIGARETTE SAFETY ACT OF 1984
Pub. L. 98-567, Oct. 30, 1984, 98 Stat. 2925, as amended by Pub.
L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433,
provided: "That this Act may be cited as the 'Cigarette Safety Act
of 1984'.
"Sec. 2. (a) There is established the Interagency Committee on
Cigarette and Little Cigar Fire Safety (hereinafter in this Act
referred to as the 'Interagency Committee') which shall consist of -

"(1) the Chairman of the Consumer Product Safety Commission,
who shall be the Chairman of the Interagency Committee;
"(2) the United States Fire Administrator in the Federal
Emergency Management Agency, who shall be the Vice Chairman of
the Interagency Committee; and
"(3) the Assistant Secretary of Health in the Department of
Health and Human Services.
"(b) The Interagency Committee shall direct, oversee, and review
the work of the Technical Study Group on Cigarette and Little Cigar
Fire Safety (established under section 3) conducted under section 4
and shall make such policy recommendations to the Congress as it
deems appropriate. The Interagency Committee may retain and
contract with such consultants as it deems necessary to assist the
Study Group in carrying out its functions under section 4. The
Interagency Committee may request the head of any Federal
department or agency to detail any of the personnel of the
department or agency to assist the Interagency Committee or the
Study Group in carrying out its responsibilities. The authority of
the Interagency Committee to enter into contracts shall be
effective for any fiscal year only to such extent or in such
amounts as are provided in advance by appropriation Acts.
"(c) For the purpose of carrying out section 4, the Interagency
Committee or the Study Group, with the advice and consent of the
Interagency Committee, may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence,
as the Interagency Committee or the Study Group considers
appropriate.
"Sec. 3. (a) There is established the Technical Study Group on
Cigarette and Little Cigar Fire Safety (hereinafter in this Act
referred to as the 'Study Group') which shall consist of -
"(1) one scientific or technical representative each from the
Consumer Product Safety Commission, the Center for Fire Research
of the National Institute of Standards and Technology, the
National Cancer Institute, the Federal Trade Commission, and the
Federal Emergency Management Agency, the appointment of whom
shall be made by the heads of those agencies;
"(2) four scientific or technical representatives appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, from a list of
individuals submitted by the Tobacco Institute;
"(3) two scientific or technical representatives appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, who are selected from
lists of individuals submitted by the following organizations:
the American Burn Association, the American Public Health
Association, and the American Medical Association;
"(4) two scientific or technical representatives appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, who are selected from
lists of individuals submitted by the following organizations:
the National Fire Protection Association, the International
Association of Fire Chiefs, the International Association of Fire
Fighters, the International Society of Fire Service Instructors,
and the National Volunteer Fire Council; and
"(5) one scientific or technical representative appointed by
the Chairman of the Interagency Committee, by and with the advice
and consent of the Interagency Committee, from lists of
individuals submitted by the Business and Institutional Furniture
Manufacturers Association and one scientific or technical
representative appointed by the Chairman, by and with the advice
and consent of the Interagency Committee, from lists of
individuals submitted by the American Furniture Manufacturers
Association.
"(b) The persons appointed to serve on the Study Group may
designate, with the advice and consent of the Interagency
Committee, from among their number such persons to serve as team
leaders, coordinators, or chairpersons as they deem necessary or
appropriate to carry out the Study Group's functions under section
4.
"Sec. 4. The Study Group shall undertake, subject to oversight
and review by the Interagency Committee, such studies and other
activities as it considers necessary and appropriate to determine
the technical and commercial feasibility, economic impact, and
other consequences of developing cigarettes and little cigars that
will have a minimum propensity to ignite upholstered furniture or
mattresses. Such activities include identification of the different
physical characteristics of cigarettes and little cigars which have
an impact on the ignition of upholstered furniture and mattresses,
an analysis of the feasibility of altering any pertinent
characteristics to reduce ignition propensity, and an analysis of
the possible costs and benefits, both to the industry and the
public, associated with any such product modification.
"Sec. 5. The Interagency Committee shall submit one year after
the date of enactment of this Act [Oct. 30, 1984] a status report
to the Senate and the House of Representatives describing the
activities undertaken under section 4 during the preceding year.
The Interagency Committee shall submit a final technical report,
prepared by the Study Group, to the Senate and the House of
Representatives not later than thirty months after the date of
enactment of this Act [Oct. 30, 1984]. The Interagency Committee
shall provide to the Congress, within sixty days after the
submission of the final technical report, any policy
recommendations the Interagency Committee deems appropriate. The
Interagency Committee and the Study Group shall terminate one month
after submission of the policy recommendations prescribed by this
section.
"Sec. 6. (a) Any information provided to the Interagency
Committee or to the Study Group under section 4 which is designated
as trade secret or confidential information shall be treated as
trade secret or confidential information subject to section
552(b)(4) of title 5, United States Code, and section 1905 of title
18, United States Code, and shall not be revealed, except as
provided under subsection (b). No member of the Study Group or
Interagency Committee, and no person assigned to or consulting with
the Study Group, shall disclose any such information to any person
who is not a member of, assigned to, or consulting with, the Study
Group or Interagency Committee unless the person submitting such
information specifically and in writing authorizes such disclosure.
"(b) Subsection (a) does not authorize the withholding of any
information from any duly authorized subcommittee or committee of
the Congress, except that if a subcommittee or committee of the
Congress requests the Interagency Committee to provide such
information, the Chairman of the Interagency Committee shall notify
the person who provided the information of such a request in
writing.
"(c) The Interagency Committee shall, on the vote of a majority
of its members, adopt reasonable procedures to protect the
confidentiality of trade secret and confidential information, as
defined in this section.
"Sec. 7. As used in this Act, the terms 'cigarettes' and 'little
cigars' have the meanings given such terms by section 3 of the
Federal Cigarette Labeling and Advertising Act [15 U.S.C. 1332]."